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PEOPLE v. STEPHENS

63 A.D.3d 624 (2009)

882 N.Y.S.2d 82

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP STEPHENS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2009.

When, after the jury sent a note at 3:40 P.M. on the second day of deliberations stating, "We the jury request the court to know that we have not been able to come to a unanimous decision," the court properly exercised its discretion in denying defendant's motion for a mistrial and instead delivering an appropriate supplemental charge to encourage the jury to reach a verdict. Although the trial was short, the jury had not been deliberating...

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